Commencing a Federal Lawsuit: Initial Considerations | Practical Law
A Practice Note explaining the key issues that plaintiff's counsel should consider before commencing a lawsuit in federal district court. These issues include the merits and cost of litigation, the plaintiff's ability to collect on a judgment, whether a pre-suit notice letter must or should be sent, identifying the required (necessary) parties, the bases for federal subject matter jurisdiction, obtaining personal jurisdiction over non-resident defendants, determining proper venue, and the defendant's potential affirmative defenses and counterclaims.